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2025 DAILYLAW 43764 (KAR)

D.JAYARAMULU @ JAYARAM S/O NAGANNA v. VINOD KUMAR S/O ODATHATRIYA

MFA/100398/2019 · 2025-03-08

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE G. BASAVARAJA AND SRI. PRASHANT S. KADADEVAR, MEMBER MFA NO.100398/2019(MV) LOK ADALAT NO.42/2025. BETWEEN D. JAYARAMULU @ JAYARAM, S/O. NAGANNA, AGED ABOUT 47 YEARS, OCC: EX FARMER AND DAIRY FARM AND AGRICULTURIST, R/O: W.NO.31, SHANTHI NAGAR, BESIDE GOVERNMENT SCHOOL, BALLARI-583101. ...APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) 2 AND 1 . VINOD KUMAR S/O. DATHATRIYA AGED ABOUT 25 YEARS, RIDER CUM OWNER OF THE YAMAHA MOTORCYCLE BEARING REGN. NO.KA-34/EC-1453, R/O: LAKSHMI NAGAR CAMP, SIRUGUPPA ROAD, SOMASAMUDRA POST, BALLARI TALUK AND DISTRICT-583101. 2 . THE DIVISIONAL MANAGER M/S. ORIENTAL INSURANCE COMPANY LIMITED, BALLARI-583101. …RESPONDENT (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.10.2018 PASSED IN MVC NO. 224/2016 ON THE FILE OF THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER Learned counsel for claimant and representative of respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, matter is settled. Claimant has agreed to receive and the respondent- Insurance Company has agreed to pay a global compensation of Rs.78,000/- (Rupees Seventy Eight Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. Respondent-Insurance Company has agreed to deposit the said amount before Tribunal within six weeks from the date of preparation of Award, failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. 4. On deposit, the entire amount shall be released in favour of claimant forthwith. 4 5. Miscellaneous First Appeal stands disposed of in terms of Joint Memo. Award of Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER Rsh ct-cmu